McCall Co. v. . Wright
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18,1909, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The question certified to us is the one whether plain- tiff’s complaint states facts sufficient to constitute a cause of action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18,1909, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The question certified to us is the one whether plain- tiff’s complaint states facts sufficient to constitute a cause of action. The action was brought to restrain defendant, who had acquired full knowledge of plaintiff’s business methods and secrets while in its employ, from associating himself with a rival business company in violation of the terms of his…
1Opinion of the CourtHiscock, J.
At the outset of the inquiry which has been certified to us whether plaintiff’s complaint states a cause of action it will he well to rid that inquiry of some confusion in which it has become involved and to understand clearly the precise question which is presented by the allegations of the complaint as admitted in fact and challenged in law by the demurrer. That question is whether the proprietor of a large business, on hiring for a fixed period subject to sooner termination on notice an employee to occupy a superior and managerial position wherein he will be possessed of all of his…
2Cases cited12 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Tode v. . GrossNew York Court of Appeals · 1891
- Levin v. . DietzNew York Court of Appeals · 1909
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
- Magnolia Metal Co. v. PriceAppellate Division of the Supreme Court of the State of New York · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
- Clark Paper & Manufacturing Co. v. StenacherNew York Court of Appeals · 1923
- Tymshare, Inc. v. William J. Covell. William J. Covell v. Tymshare, IncCourt of Appeals for the D.C. Circuit · 1984
- Sherman v. PfefferkornMassachusetts Supreme Judicial Court · 1922
68 more not listed; retrieve them via the Exa API.